ISLAMABAD - The Supreme Court on Thursday directed chairman NAB to initiate proceedings against ex-MNA of PML-N Anjum Aqeel Khan and others in the Rs6 billion land scam of National Police Foundation.
The 84-page judgment, authored by Justice Ijaz Ahmed Chaudhry, directed the NAB chairman to submit the progress report through SC Registrar within 90 days for the action taken by him.
A three-member bench after hearing all the parties in the suo motu regarding allotment of plots of National Police Foundation by Anjum Aqeel MNA to his nominees without any formal agreements had reserved the judgment.
The judgment said: “The allotment of plots in the National Police Foundation can be termed a bad example of mal-administration as every officer of the NPF at the helm of affairs tried to loot the Foundation by allotting plots to their nears and dears without observing any codal formalities, required for the purpose.”
The illegalities and irregularities in the procurement of land committed by the Board of Directors in connivance with Anjum Aqeel Khan are worst examples of corruption and corrupt practices and all those who are responsible are liable to be penalized in accordance with the law of the land and also to make recovery through coercive measures.
It said that all the plots, one, two or more, which have been allotted without entitlement, to any person, whether police officials, employees of NPF, other government officials or the civilians, businessmen, or their dependants are declared to be illegally allotted and are thus cancelled forthwith. However, if they are interested to retain the plots in their names they are directed to pay price according to the present market value within two months from today (October 31, 2013).
Anjum Aqeel or his nominee shall be entitled to retain only those plots in lieu whereof he has given land for being affiliated and not otherwise, that too subject to payment of development charges according to the nature of the plots within two months. In case he or his nominee fails to pay the development charges within two months, he shall not be entitled to retain them.
The PML-N leader is directed to fulfil the outstanding liability of 126 kanals of land as undertaken by him through an agreement dated 27.5.2011. “If he is not in a position to provide 126 kanals of land to the Foundation then he will pay present market price of 88 developed plots in accordance with 54:46 ratio formula of CDA within two months.”
If he also fails in doing that then the law will take its own course by initiating penal action as well as attachment of all his property, moveable or immoveable and that of his dependents.
The persons who are nominated for allotment of plots by Anjum Aqeel Khan without having corresponding land transferred in the name of NPF or who have filed miscellaneous applications against Anjum Aqeel Khan, shall not be allotted plots until and unless they are found legally entitled to such allotment by way of affiliation or through any other mode. They are at liberty to launch any sort of proceedings against Anjum Aqeel Khan, if so desired. The Foundation will not be responsible for any act or omission of Anjum Aqeel Khan while nominating the persons for allotment of plot in the Foundation.
“Any other shortfall of land is directed to be made up by Anjum Aqeel Khan of M/s. Land Linkers,” the judgment said. The Managing Director of the NPF is directed to ensure compliance of the directions in letter and spirit and submit the compliance report in the Court within two months from 31st October.
The Auditor General for Pakistan asked thereafter audit the Foundation accounts and also transactions of allotment of plots, affiliation of land and deposit of development charges with the Foundation and submit report to this Court within a month. He shall also submit audit report regarding receipts and payments by the Foundation from the date of its creation till date.
The NPF was a charitable organization established under section 5 of the Charitable Endowments Acts, 1890 aiming at helping the poor and for those who had lost their lives while being in service or on duty in the shape of education, medical relief etc.
Administration/Rule Making Body framed framed the rules according to their own whims and not according to the purposes envisaged by the Charitable Endowment Act.
Anjum Aqeel had entered into agreements with the National Police Foundation to arrange land for establishment of residential colony also got the developed plots allotted against affiliation of land to various persons without paying the development charges and accounting for the land as per formula of the CDA.